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The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months and suspension of qualifications for eight months.
except that this shall not apply.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) In the first trial date ( April 18, 2016), the Defendant and his defense counsel explicitly withdrawn the assertion of mistake of facts or misapprehension of legal principles in the previous statement of grounds for appeal that the comments posted and distributed by the Defendant cannot be deemed to fall under “Apparent items” under the National Security Act, which is premised on fluids, and even if considered ex officio, there is no error of misconception of facts or misapprehension of legal principles in this part of the judgment of the lower court. ① Of the notices recognized as guilty, there is no error of determination of facts or misapprehension of legal principles in the judgment of the lower court.
(2) No. 249, 410 No. 249 and 410 did not contain “pro-enemy and aggressive contents threatening the existence and security of the Republic of Korea and democratic fundamental order,” and the remaining notices are merely cited in the North Korean media, and they cannot be deemed as pro-enemy contents. ② The Defendant only posted each of the above notices to inform North Korea of the actual situation, and there was no dual purpose. ③ The Defendant did not recognize that, with anti-capitalism, is an independent country with anti-capitalism, North Korea is east and is able to live in humans, and North Korean people’s lives are far more desirable than South Korea. Nevertheless, the lower court found the Defendant guilty of the distribution act of the above notices and determined the Defendant differently from the fact, and committed an error of misapprehending legal principles or misapprehending the legal principles on finding facts at the first trial date of the court of unfair sentencing ( April 18, 2016). However, the Defendant’s public defender presented the grounds for appeal to the lower court as the grounds for appeal.
One year of imprisonment with prison labor and suspension of qualifications and one year of suspension of qualifications.